- 27 - ultimately been realized by PMSI.9 This factor favors respondent. viii. Taxpayer’s Financial Status Substantial income from sources other than the activity (particularly if the losses from the activity generate substantial tax benefits) may indicate that the activity is not engaged in for profit. This is especially true where there are personal or recreational elements involved. Sec. 1.183-2(b)(9), Income Tax Regs. Petitioners argue that this factor weighs in their favor. We disagree. Petitioners had substantial income and cash receipts from activities other than PMSI, and their net worth exceeded $1 million. Petitioners’ financial status allowed them to finance the fishing activity and to use the activity’s losses to reduce significantly their income tax liability. To be sure, but for those losses, PMSI would have reported (and Ms. Peacock would have been required to recognize) large amounts of ordinary income in each subject year. By participating in the fishing activity, however, petitioners aim to reduce their income while, at the same time, participating jointly in an expensive activity 9 We find as a fact that the Billfish Series tournaments awarded individual contestants prizes generally ranging from $150,000 to $2 million. We are unable to find, however, the amount of the specific prizes which were paid by the tournaments in which petitioners participated. Nor are we able to find the specific prizes payable by the tournaments in which the misfortunes occurred.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011